In this post, we revisit our discussion from December 1, 2017 of Cox v. Evansville Police Department after the Indiana Supreme Court granted transfer and held that the common-carrier exception does not apply to sexual assaults by on-duty police officers but that such attacks may be sufficiently within the scope of employment that the general doctrine of respondeat superior provides liability for police departments.

This week we discuss the non-delegable duty exception to the requirement that an employee be acting within the scope of his or her employment to trigger liability under the doctrine of respondeat superior.